Legal Question in Construction Law in California

telecom contractor

I am licensed. We moved a companys telephone system. We wired, and jacked his new office space. We connected the dial tone from the phone co. It works and has worked from the day he moved. I billed them and after dodging my calls i finaly got an answer from him as to why he has not paid. He told me his company was a little slow with work. I told him to send half and a post dated check for the other half, he agreed. He has failed to do this. I sent a 5 day demand letter. They are a corporation. My thoughts have turned to small claims as well as a lien. He is leasing his office. The amount due is $4500.00 since last July ''07. It clearly states on my invoice that i reserve the right to disconnect the service for non payment. so, can i turn his service off, what about a lien on his landlords property, or small claims.


Asked on 10/26/07, 8:01 pm

1 Answer from Attorneys
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: telecom contractor

I do not recommend that you disconnect the service. This could cause you more problems downstream then you need. Filing a lien is a good idea even though the cost of the legfal action to foreclose will be more than tha amount of the debt. However, the lien will bring the landlord into the equations since permitting the lien is a breach of the lease. Did the landlord post a notice of non responsibility?? Otherwise his property is on the line.

Small claims is a quick and cheap alternative. However, you cannot foreclose the lien in small claims court and the judgement against the corporation may well be uncollectible.

Personally, I would file the lien and then pressure the landlord to pay up or face foreclosure. Bear in mind, however, that the mechanic's lien judgement does not include attorney's fees.

Best of luck

E. Leonard Fruchter

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Answered on 10/29/07, 1:13 pm


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